HomeMy WebLinkAboutRes 2010-14 and Ord 1210 GPA /CZ 10-18 - 77-25 Hidden River and 77930 DelawareCITY OF PALM D
DEPARTMENT OF COMMUNI
STAFF REPORT
! A 9 rA f+i ONO READING 3 6/0
T
REQUEST: APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL (C-OP) TO LOW DENSITY RESIDENTIAL (R-L) 0-4
UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000
SQUARE FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED
AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE.
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
CASE NOS: GPA / CZ 10-18
DATE: March 11, 2010
CONTENTS: City Council Resolution No?010-1xhibit A, GPA (C-OP to R-L)
City Council Ordinance No. 1210, Exhibit A, CZ (O.P. to R.E. 40,000)
Legal Notice
Vicinity Map
Planning Commission Staff Report, February 16, 2010
Planning Commission Draft Minutes, February 16, 2010 Meeting
Recommendation
That the City Council:
2010-14
Waive further reading and adopt Resolution No. approving a General
Plan Amendment from C-OP to R-L.
Waive further reading and pass Ordinance No. 1210 to second reading
approving a Change of Zone from O.P. to R.E. 40,000.
Commission Recommendation
On February 16, 2010, the Planning Commission unanimously recommended approval of
the General Plan Amendment and Change of Zone from office professional to residential.
Staff Report
GPA / CZ 10-18
March 11, 2010
Page 2 of 3
Executive Summary
Approval of staff's recommendation will approve a General Plan Amendment and Change
of Zone to re -designate and rezone two single-family homes from office professional to
residential. These properties were originally residential, but were designated and zoned
office professional as part of the implementation of Project Area 4 Specific Plan in 1997. Staff
does not believe that these parcels will be needed for office professional uses and
recommends that they be designated and rezoned residential again.
Background
A. Property Description:
The two parcels are located west of Washington Street, one on Hidden River Road
and the other on Delaware Place. Both properties were developed with single-family
homes before the City of Palm Desert incorporated that area in 1994. In 1997, the two
properties were rezoned from R-3 2,000 to Office Professional as part of the
implementation of the Project Area 4 Specific Plan. The purpose of the rezone was to
provide a buffer land use between the residential properties and Washington Street. At
that time, staff believed that two Tots west of Washington Street were necessary for
office development by providing for the building on the first lot and parking behind the
building on the second lot.
However, on March 6, 2002, a Precise Plan of design for a 14,000 square foot office
building was approved on one parcel on Washington Street. The office complex was
designed as a two-story building with adequate parking and did not encroach in the
residential lot to the west.
The property owner for the home at 77-925 Hidden River Road discussed the
possibility of rezoning his property back to residential so that he can refinance his
home. Currently, the property is legal non -conforming under the office professional
land use designation and the owner cannot get the property refinanced unless the
property is zoned residential. On August 19, 2003, the City Council approved the same
request for a nearby homeowner located at 77-935 Delaware Place.
B. General Plan Designation and Zoning:
Office Professional (C-OP) and Office Professional (O.P.)
C. Adjacent Zoning and Land Use:
North: Office Professional / St. John's Lutheran Church
South: R-E 40,000 / Single-family home
East: Office Professional / Tot Stop daycare facility
West: R-E 40,000 / Vacant and single-family home
G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\Staff Report_City Council.doc
Staff Report
GPA / CZ 10-18
March 11, 2010
Page 3 of 3
Project Description
Staff is requesting that the City Council approval of a General Plan Amendment from Office
Professional (C-OP) to Low Density Residential (R-L) 0-4 units per acre and a Change of
Zone from Office Professional (O.P.) to Residential Estates (R.E.) 40,000 for two parcels
located at 77-925 Hidden River Road and 77-930 Delaware Place. Each property is developed
with a single-family home.
Analysis / Conclusion
The Project Area 4 Specific Plan identified public improvements and service priorities, land
use and zoning policies for the area. Along Washington Street, the Specific Plan identified a
policy that should encourage office professional uses that are compatible with a high traffic
street and low -density housing neighborhood. Staff now believes that one parcel depth is
adequate for office development and believes that these two homes should be designated
and rezoned back to residential. The General Plan Amendment and Change of Zone will allow
the homeowner at 77-925 Hidden River Road to refinance his home.
On February 16, 2010, the Planning Commission unanimously recommended approval of the
General Plan Amendment and Change of Zone.
Environmental Review
The application is a Class 5 categorical exemption for purposes of CEQA and no further
documentation is necessary.
Fiscal Analysis
There is no fiscal impact to the City as a result from approving or denying the proposed
General Plan Amendment and Change of Zone.
Submitted by:
Tony Bagato
Principal Planner
Appro
John,ohlmuth, City Manager
Department Head:
Lauri Aylaian
Director of Community Development
CITY COUNCIT,4CTION
APPROVED ✓✓ D
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AYES d11
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ABSTAIN: A ai ABSENT: N
VERIFIED BY: J)R
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RESOLUTION NO. 2010-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT
FROM OFFICE PROFESSIONAL (C-OP) TO LOW DENSITY
RESIDENTIAL (R-L) 0-4 UNITS PER ACRE FOR TWO PARCELS
LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE
PLACE, EXHIBIT "A" ATTACHED.
CASE NOS. GPA / CZ 10-18:
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th
day of March 2010, hold a duly noticed public hearing to consider the request by the CITY
OF PALM DESERT for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of February 2010, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2518 recommended approval of GPA / CZ 10-18; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 06-78, the Director of Community Development has determined that the
project will not have a negative impact on the environment and a Mitigated Negative
Declaration has been prepared for adoption, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of said request:
1. The property was originally designated and zoned for residential uses
before the implementation of the Project Area 4 Specific Plan. The
properties were designated for office use in anticipation of future
development along Washington Street. The development of office use
has not occurred and staff no longer believes that these properties are
needed for office development. The proposed land use and zoning
designation resulting from the General Plan Amendment and Change of
Zone will be compatible with the adjacent R.E.40,000 neighborhood west
of Washington Street.
2. The proposed General Plan Amendment and Change of Zone will not
negatively affect the implementation of Project Area 4 Specific Plan, the
Palm Desert General Plan, and the Zoning Ordinance.
3. The proposed General Plan Amendment and Change of Zone will not be
detrimental to the public health, safety or general welfare, or be materially
injurious to properties or improvements in the vicinity.
RESOLUTION NO. 2010-14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That the City Council does hereby approve GPA / CZ 10-18, Exhibit A.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 11th day of March 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\City Council Resolution.doc
RESOLUTION NO. 2010-14
EXHIBIT "A"
GENERAL PLAN AMENDMENT EXHIBIT
4.000
)URI DR
EDINBOROUGH ST
P.C.-(2)
DUDLEY DR.
-HIDDEN RIVER RD
R-E 40000
DELAWARE PL
R-E 40000
MOUNTAIN VIEW
0
aP.
O.P.
WASHINGTON ST
WASHINGTON ST
Proposed
GPA
O.P.
To
LOW DENSITY(R-L)
Case No. GPA 10-18 CITY COUNCIL
GENERAL PLAN AMENDMENT
EXHI I.> IT A
RESOLUTION NO.
Date:
G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\City Council Resolution.doc
ORDINANCE NO. 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT
ZONING MAP BY CHANGING THE ZONE FROM OFFICE PROFESSIONAL
(O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE FOOT MINIMUM
LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD
AND 77-930 DELAWARE PLACE, EXHIBIT "A" ATTACHED.
CASE NOS. GPA / CZ 10-18
WHEREAS, the Planning Commission by its Resolution No. 2518 has recommended
approval of Case No.GPA / CZ 10-18; and
WHEREAS, at said public hearings, said City Council heard and considered all
testimony and arguments of all interested persons.
WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY
ORDAIN, AS FOLLOWS:
SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the
Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is
hereby amended to read as shown on the attached Exhibit "A".
SECTION 2: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full force and
effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 11th day of March 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
ORDINANCE NO. 1210
EXHIBIT "A"
CHANGE OF ZONE EXHIBIT
-19000
)UR/ DR
EDINBOROUGH ST
DUDLEY DR
i
HIDDEN RIVER RD
R-E 40000
DELAWARE PL
R-E 40000
MOUNTAIN VIEW
O.P.
O.P.
WASHINGTON ST
Proposed
CZ
O.P.
To
R.E. 40000
Case No. CZ 10-18
CHANGE OF ZONE
it IT A
CITY COUNCIL
ORDINANCE NO.
Date:
G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\City Council Ordinance.doc
CITY OF PLEA
73-510 FkFD'('ARINF. DRI\ I
P\I_NI 1)1 ',I RI CAI IF 92260-2578
TEL.:760 346-0611
FAX: 760 341-7098
ntor@r'pal m-darn. rp
CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS. GPA / CZ 10-18
JEsER
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider a request by the City of Palm Desert for a General Plan Amendment from
Office Professional (C-OP) to Low Density Residential (R-L) 0-4 units per acre and a Change of
Zone from Office Professional (O.P.) to Residential Estates (R.E.) 40,000 for two parcels
located at 77-925 Hidden River Road and 77-930 Delaware Place.
R-19000
)URI DR
0
0
EDINBOROUGH ST
CARDIFF ST
O.P. P.C.-(2)
DUDLEY DR
DELAWARE PL
R-E 40000
MOUNTAIN VIEW
P.
O.P.
y
Proposed
GPA
K A
O.P.
To
LOW DENSITY(R-L)
Case No. GPA 10-18 CITY COUNCIL
GENERAL PLAN AMENDMENT RESOLUTION NO.
]EXHIBIT A
Date:
SAID public hearing will be held on Thursday, March 11, at 4:00 p.m. in the Council Chamber
at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which
time and place all interested persons are invited to attend and be heard. Written comments
concerning all items covered by this public hearing notice shall be accepted up to the date of
the hearing. Information concerning the proposed project and/or negative declaration is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the
proposed actions in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to
the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, CITY CLERK
February 28, 2010 Palm Desert City Council
CITY of p/i
¶ DESERI
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
FAX: 760 341-7098
info@palm-desett.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: February 17, 2010
CITY OF PALM DESERT
Re: GPA / CZ 10-18
77-925 Hidden River Road and 77-930 Delaware Place
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of February 16, 2010:
THE PLANNING COMMISSION RECOMMENDED TO THE CITY COUNCIL
APPROVAL OF GPA/CZ 10-18 BY ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 2518. THE MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
0 PAWED ON AECY(EED PAPEI
PLANNING COMMISSION RESOLUTION NO. 2518
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL A GENERAL PLAN AMENDMENT FROM
OFFICE PROFESSIONAL (C-OP) TO LOW DENSITY RESIDENTIAL (R-
L) 0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000
SQUARE FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED
AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE.
CASE NOS. GPA / CZ 10-18
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of February, 2010, hold a duly noticed public hearing to consider the
request to amend the Palm Desert General Plan, Exhibit "A", and change a zone to the
Palm Desert Zoning Map, Exhibit "B", attached hereto; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act',
Resolution No. 06-78, the Director of Community Development has determined that the
project is a Class 5 Categorical Exemption and no further review is necessary, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify approval of the
said request:
1. The property was originally designated and zoned for residential uses
before the implementation of the Project Area 4 Specific Plan. The
properties were designated for office use in anticipation of future
development along Washington Street. The development of office use
has not occurred and staff no longer believes that these properties are
needed for office development. The proposed land use and zoning
designation resulting from the General Plan Amendment and Change of
Zone will be compatible with the adjacent R.E.40,000 neighborhood west
of Washington Street.
2. The proposed General Plan Amendment and Change of Zone will not
negatively affect the implementation of Project Area 4 Specific Plan, the
Palm Desert General Plan, and the Zoning Ordinance.
3. The proposed General Plan Amendment and Change of Zone will not be
detrimental to the public health, safety or general welfare, or be materially
injurious to properties or improvements in the vicinity.
PLANNING COMMISS9 RESOLUTION NO. 2518
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
2. That the Planning Commission does hereby recommends to the City
Council approval of General Plan Amendment (Exhibit A) / Change of Zone
10-18 (Exhibit B).
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of February, 2010, by the following vote, to
wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER, LIMONT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
M. CONNOR LIMONT, Chairperson
2
PLANNING COMMISSI1s RESOLUTION NO. 2518
EXHIBIT "A"
GENERAL PLAN AMENDMENT EXHIBIT
CA Li PO ROI
MISSOURI DR
AVENUE OF THE STATES
Op .
P.C.-(2) P.C.-(2)
R-19000 P.C. -(2)
P. - DUDLEV OR.
EDINBOROUGH ST
HIDDE
R-E 40000
DELAWARE PL
MOUNTAIN VIEW
R-E'
40000
D 4 nnntl
1
0.P_
O.P.
WASHINGTON ST
Proposed GPA/
Zoning Change
O.P.
To
R.L.
Case No. GPA 10-18 PLANNING COMMISSION
GPAICHANGE OF ZONE RESOLUTION NO. 2518
EXHI
►.)
ITA
Date: February 16, 2010
3
PLANNING COMMISSIt...4 RESOLUTION NO. 2518
EXHIBIT "B"
CHANGE OF ZONE AMENDMENT EXHIBIT
CA LI F
MISSOURI DR
AVENUE OF THE STATES
P.C.-(2) P.C.-(2)
R-19000
P.C.-(2)
DUDLEY DR
.
--
ED/NBOROUGH ST
2
O.P.
R-E 40000
DELAWARE PL
MOUNTAIN VIEW
Case No. CZ 10-18
GPAICHANGE OF ZONE
EXI-II
.>
•
IT
I1)
WASHINGTON ST
Proposed GPA/
Zoning Change
OFFICE PROFESSIONAL
To
R.E. 40000
PLANNING COMMISSION
RESOLUTION NO. 2518
Date: February 16, 2010
4
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL (C-OP) TO LOW DENSITY RESIDENTIAL (R-L)
0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000
SQUARE FOOT MINIMUM LOT SIZE FOR TWO PARCELS
LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930
DELAWARE PLACE.
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
CASE NOS: GPA / CZ 10-18
DATE: February 16, 2010
CONTENTS: Planning Commission Resolution No.
Exhibit A, GPA (C-OP to R-L)
Exhibit B, CZ (O.P. to R.E. 40,000)
Legal Notice
Vicinity Map
Recommendation
That the Planning Commission recommend to City Council approval of
GPA / CZ 10-18 designating and zoning two office professional properties
to residential.
Executive Summary
Approval of staff's recommendation will recommend to City Council approval of a
General Plan Amendment and Change of Zone to re -designate and rezone two single-
family homes from office professional to residential. These properties were originally
residential, but were designated and zoned office professional as part of the
implementation of Project Area 4 Specific Plan in 1997. Staff does not believe that these
parcels will be needed for office professional uses and recommends that they be
designated and rezoned residential again.
Staff Report
GPA / CZ 10-18
February 16, 2010
Page 2 of 3
Background
A. Property Description:
The two parcels are located west of Washington Street, one on Hidden River Road
and the other on Delaware Place. Both properties were developed with single-
family homes before the City of Palm Desert incorporated that area in 1994. In
1997, the two properties were rezoned from R-3 2,000 to Office Professional as
part of the implementation of the Project Area 4 Specific Plan. The purpose of the
rezone was to provide a buffer land use between the residential properties and
Washington Street. At that time, staff believed that two lots west of Washington
Street were necessary for office development by providing for the building on the
first lot and parking behind the building on the second lot.
However, on March 6, 2002, a Precise Plan of design for a 14,000 square foot
office building was approved on one parcel on Washington Street. The office
complex was designed as a two-story building with adequate parking and did not
encroach in the residential lot to the west.
The property owner for the home at 77-925 Hidden River Road discussed the
possibility of rezoning his property back to residential so that he can refinance his
home. Currently, the property is legal non -conforming under the office professional
land use designation and the owner cannot get the property refinanced unless the
property is zoned residential. On August 19, 2003, the City Council approved the
same request for a nearby homeowner located at 77-935 Delaware Place.
B. General Plan Designation and Zoning:
Office Professional (C-OP) and Office Professional (O.P.)
C. Adjacent Zoning and Land Use:
North: Office Professional / St. John's Lutheran Church
South: R-E 40,000 / Single-family home
East: Office Professional / Tot Stop daycare facility
West: R-E 40,000 / Vacant and single-family home
Project Description
Staff is requesting that Planning Commission recommend approval of a General Plan
Amendment from Office Professional (C-OP) to Low Density Residential (R-L) 0-4 units
per acre and a Change of Zone from Office Professional (O.P.) to Residential Estates
(R.E.) 40,000 for two parcels located at 77-925 Hidden River Road and 77-930 Delaware
Place. Each property is developed with a single-family home.
G:\Planning\Tony Bagato\Word Files\Formats\Stat Reports\GPA\GPA_CZ 10-18\Staff Report_Planning Commission.doc
Staff Report
GPA / CZ 10-18
February 16, 2010
Page 3 of 3
Analysis / Conclusion
The Project Area 4 Specific Plan identified public improvements and service priorities,
land use and zoning policies for the area. Along Washington Street, the Specific Plan
identified a policy that should encourage office professional uses that are compatible with
a high traffic street and low -density housing neighborhood. Staff now believes that one
parcel depth is adequate for office development and believes that these two homes
should be designated and rezoned back to residential. The General Plan Amendment
and Change of Zone will allow the homeowner at 77-925 Hidden River Road to refinance
his home.
Environmental Review
The application is a Class 5 categorical exemption for purposes of CEQA and no further
documentation is necessary.
Submitted by:
Tony Bagato
Principal Planner
Department Head:
Lauri Aylaian
Director of Community Development
G:\Planning\Tony Bagato\Word Files\Formats\Stall Reports\GPA\GPA_CZ 10-18\Stall Report_Planning Commission.doc
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL (C-OP) TO LOW DENSITY RESIDENTIAL (R-L) 0-4
UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000
SQUARE FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT
77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE.
CASE NOS. GPA / CZ 10-18:
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of February 2010, hold a duly noticed public hearing to consider the
request to amend the Palm Desert General Plan, Exhibit "A", and change a zone to the
Palm Desert Zoning Map, Exhibit "B", attached hereto; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 06-78, the Director of Community Development has determined that the
project is a Class 5 Categorical Exemption and no further review is necessary, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify approval of the
said request:
1. The property was originally designated and zoned for residential uses
before the implementation of the Project Area 4 Specific Plan. The
properties were designated for office use in anticipation of future
development along Washington Street. The development of office use
has not occurred and staff no longer believes that these properties are
needed for office development. The proposed land use and zoning
designation resulting from the General Plan Amendment and Change of
Zone will be compatible with the adjacent R.E.40,000 neighborhood west
of Washington Street.
2. The proposed General Plan Amendment and Change of Zone will not
negatively affect the implementation of Project Area 4 Specific Plan, the
Palm Desert General Plan, and the Zoning Ordinance.
3. The proposed General Plan Amendment and Change of Zone will not be
detrimental to the public health, safety or general welfare, or be materially
injurious to properties or improvements in the vicinity.
PLANNING COMMISStN RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
1. That the Planning Commission does hereby recommend to the City Council
approval of General Plan Amendment (Exhibit A) / Change of Zone 10-18
(Exhibit B).
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of February 2010, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CONNOR LIMONT, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10.18\PC Resolution.doc
4
PLANNING COMMIS RESOLUTION NO.
EXHIBIT "A"
GENERAL PLAN AMENDMENT EXHIBIT
CA LI F
MISSOURI DR
Co
N 2 i
I
EDINBOROUGH ST
AVENUE OF THE STATES
P.C.-(2)
R-19000
P.C.-(2)
P.C.-(2)
---- DUDLEYDR --
If PI j ! �
O.P. z
•
, H/ODE
R-E 40Q00
DELAWARE PL
MOUNTAIN VIEW
R-E 40000
ra 4 nnnn
O.P.
Case No. GPA 10-18
GPAICHANGE OF ZONE
FXI-II
•
WASHINGTON ST
Proposed GPA/
Zoning Change
0 O.P.
z To
CO R.L.
PLANNING COMMISSION
RESOLUTION NO.
IT A Date:
G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\PC Resolution.doc
PLANNING COMMISSt N RESOLUTION NO.
EXHIBIT "B"
CHANGE OF ZONE AMENDMENT EXHIBIT
•
CALIFO
MISSOURI DR
P.C.-(2)
EDINBOROUGH ST
r
A✓ENUE OF THE STATES
P.C.-(2)
P.C.-(2).
DUDLEY DR -- —'
HIDDE
R-E 40000
DELAWARE PL
MOUNTAIN VIEW
R-E 40000
o onion
Proposed GPA/
Zoning Change
O.P. OFFICE PROFESSIONAL
C9
TO
R.E. 40000
Case No. CZ 10-18 PLANNING COMMISSION
GPAICHANGE OF ZONE RESOLUTION NO.
EXI-II
111,
IT
•
Date:
G;\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\PC Resolution.doc
CITY Of PnLfl DESEPI
73—SI0 IRF ) "X':110\t, DPI
Y,11 \I DI stltt , CAL II t,It\I:\ 92260- 2S7
TEL: 760 346-0611
IAy:760 34I-7o98
Int„r p.ilmd�.�n.,rf;
CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS. GPA / CZ 10-18
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by the City of Palm Desert for a General Plan Amendment
from Office Professional (C-OP) to Low Density Residential (R-L) 0-4 units per acre and a
Change of Zone from Office Professional (O.P.) to Residential Estates (R.E.) 40,000 for two
parcels located at 77-925 Hidden River Road and 77-930 Delaware Place.
' OF OF me STATES
P.C.-(2) P.C.-(2)
R-1 9000 P.C.-(2)
O.P. -
i
FPN110.00011f
i3
DELAVIANE
R-E 40000
MOUNT IMF Inkl.
R-E 40000 O.P.
D 4 AIWA
Proposed GPAI
Zoning Change
O.P.
To
R.L.
Case No. GPA 10-18 PLANNING COMMISSION
GPAICNANGE OF ZONE RESOLUTION NO.
EXHIBIT A Date:
SAID public hearing will be held on Tuesday, February 16, 2010 at 6:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California,
at which time and place all interested persons are invited to attend and be heard. Written
comments concerning all items covered by this public hearing notice shall be accepted up to
the date of the hearing. Information concerning the proposed project and/or negative
declaration is available for review in the Department of Community Development at the above
address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge
the proposed actions in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence delivered
to the Planning Commission at, or prior to, the public hearing.
PUBLISH: Desert Sun LAURI AYLAIAN, Secretary
February 7, 2010 Palm Desert Planning Commission
MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2010
Mr. Erwin explained that this was a revocation hearing on a conditional use
permit. The Commission would recall that they did take action on it
previously. It was determined after the fact that the issue was raised that
they had not given sufficient notice for the prior action. That was why it was
back in front of them again. In addition, the City Council at their meeting
last Thursday had on their agenda considerati•n of revocation of the
massage establishment permit. The attorney re' ° - nting the applicant at
that point in time accepted the fact that the C• referred the matter to a
hearing officer, who would hear the mat s then report back to the
Council with regard to that permit. His re ion and understanding,
also with the attorney representing thetheo,a. licant, hat Mr. Erwin would
request that the Planning Commissio.o the same, h was to refer the
matter to a hearing officer, who would be selected by w- If and the City
Manager. The hearing officer would hear the revocatio ring for the
conditional use permit and then provide the''Planning Com .sion with a
report for their subsequent action Th as his recommendation and
would save them fromening the phearing at this time.
Action:
It was moved by Co
Tanner, by minute motio
officer. Chaff r`s Limon
Com
parti
use pe
d
essen
said that
onded by Commissioner
CUP 08-433 to a hearing
ssion.
t aske• hat meant there was no revocation of this
nt at thi e. Mr. Erwin replied that the conditional
The business is closed and has been
started''' • rocesses, but there was no revocation at
. That was correct. Commissioner Schmidt said that in
ing Commission has taken no action on it. Mr. Erwin
\ There were ` further questions and Chairperson Limont called for a vote.
e motion ,: ried 5-0.
B. se Nos. GPA / CZ 10-18 CITY OF PALM DESERT, Applicant
Request for approval of a General Plan Amendment from
Office Professional to Low Density Residential 0-4 units per
acre and a Change of Zone from Office Professional to
Residential Estates 40,000 square foot minimum lot size for
two parcels located at 77-925 Hidden River Road and 77-
930 Delaware Place.
3
MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2010
Mr. Bagato reviewed the staff report and recommended that the Planning
Commission recommend to the City Council approval of GPA / CZ 10-18.
Commissioner DeLuna said it was her understanding that it was zoned
Residential, rezoned to Office Professional, and now staff wanted it
rezoned back to Residential. She asked if this would be a permanent zone
change back or if staff anticipated sometime in the future another request
to rezone back to Office Professional. Mr. Baato replied that staff
anticipated it to be permanent.
Commissioner Tanner asked for confirms
approved this decision to go back to ' -sir+ential.
one of the homeowners was in t
about changing it because he
looking at it, it seemed to ma
Commissioner Schmidt asked if
said the other home ® the sout
not occupied and h ' ., Ponta
property as well, becau:
between. He received
point the pr
didn't kn
owner
to
wha
sits
rty was r
had b
contact
. Buto'
ommissio
dience and
ng to refinance
to kee.•. it as Reside
at the residents there
agato said correct;
oached the City
operty and in
were occupied. Mr. Bagato
h o e on Hidden Valley Road was
ct th eowner about changing that
't wan ave a spot zoning parcel in
is a home there. At one
tly been cleaned up. He
e train with banks or not, but the
ice to let them know this was being done
rwise, it wasn't occupied right now from
Tanner asked if that was the one that
aid that was correct. Commissioner
it was ern of the two. Mr. Bagato said that was
son Limont asked for and received confirmation that staff
em. Commissioner DeLuna asked if adequate notice
gato said yes.
mont opened the public hearing and asked if anyone
k in FAVOR of or in OPPOSITION to the proposed General
ent and Change of Zone.
. ARTURO AVILA said he has lived at the property for 32 years.
He wished to continue staying there. He wasn't aware that it was
rezoned until he tried to refinance. He brought a copy of the
appraisal to the City Council where it shows as Residential. Had it
not been for the fact that he contacted the bank and they told him it
is zoned Commercial. He didn't remember being notified or he
would have been here. So that's when he came before the
Planning Commission. He also requested that they waive the fees
because there is a fee to revert the rezoning; it is excessive for him
4
MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2010
and he also felt he shouldn't have to pay a fee to stay where he's
at.
Chairperson Limont thanked him and asked if there was anyone else
wishing to address the Commission.
MS. DIANE GUZMAN, 77-935 Delaware Place, stated that she was
present representing Ted and Linda B e t as well as herself.
They were in support of the General Amendment and Zone
Change from Office Professional toy low density Residential
because it would provide for the er mert .nd preservation of the
residential neighborhood on 'el are F l W. behind the road
closure. The property line., de the road` closure would stay
Office Professional and b sed on Washingto.,... o they were in
support of this action a uld reco end it.
Chairperson Limont closed the p
Commissioner DeLuca" d if there
zone change. Mr. Bag 9 � know.
still a residential use; t
house burn
bank wo
Mr. E
Com
to hav
coul
said t
going to
talking wit
City -initiate
didn't h
sto
own, he
nce it.
.t the r
any tax consequences from a
n't think there would be; it's
nforming right now. If the
ouse. That was why the
idn't kno if it would change his taxes.
fling would cause any reappraisal.
r noted t Mr. Avila mentioned a fee he must pay
ntial. He asked if there was a way the
that sin asn't aware in the beginning that it was
ato said yes; when Mr. Avila first came to the City they
e and he wrote a letter to the City Council. They were
ncil first to waive the fee, but because of timing and
Ay n and the City Attorney, they decided to make it
there was no fee to the applicant. The City initiated it so
to pay the fee. Commissioner Tanner asked if Mr. Avila
t now; he said yes.
Com , oner Schmidt asked if they were within their rights to rezone a
property that the owner might be unaware they were doing so. Mr. Erwin
replied that as long as they have given the appropriate notice, which they
have in this case, then certainly. If they wish to appear, they may do so. If
they don't, then they are free to take whatever action their notice said.
Chairperson Limont asked for a motion.
5
MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 16, 2010
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
DeLuna, approving the findings and recommendation as presented by
staff. Motion carried 5-0.
It was moved by Commissioner Campbell, seconded by Commissioner
DeLuna, adopting Planning Commission Resolution No. 2518,
recommending to City Council approval of GP : Z 10-18, designating
and rezoning two Office Professional pr. -s Residential Estates
40,000. Motion carried 5-0.
C. Case No. MISC 10-19 — JUi RLOS OC Applicant
Request to modify an
proposed single family r
the Canyons at Bighorn at
Assistant Planner K.
Condition No. 4 to the
compaction tests for L
Swartz recommended
addition
Comf1
three`'
feet; th
idt a
Mr. S
would in
feet. Mr. S
sioner Tann+
our behind
,ring pad height by two ' for a
nce of T ct 25296-5 loci°d in
an na View.
artz rev'
tion to
by a
the staff report. He added
"The applicant must submit
tered soils engineer." Mr.
MISC 10-19 with that
r asked":+ut the elevations of the three lots and the
em. M artz replied that the three were at 749
2, 755 and 758 feet. Commissioner
out Lot 3 I wartz said it is 750 feet. Lot 8 is 750 feet.
nner asked about the lot next door to the proposed lot.
d it was at 754 feet. Commissioner Tanner asked if it
t any kind of view to the golf course at all by increasing two
z said no. Commissioner Tanner asked if staff had received
ny correspence from the property owners behind it. Mr. Swartz said
correspo :,_y nce in favor or opposition had been received.
er DeLuna asked why the owner wanted to raise the lot two
wartz deferred that question to the applicant.
Commissioner Schmidt noticed on the elevation for the proposed home
that a couple of the chimneys are already at 20 feet. She thought the
drawing they reviewed was already at 752 and asked if he could confirm
that. Mr. Swartz said that was correct. It was 18 feet to the highest point of
the roof, and then two feet higher for the chimney. He confirmed that
chimneys could go higher.
6
GPA / CZ 10-18 Project Area
Legend
— Circulation Network --- Streets
City Boundary 2009
■ Red: Band_1 M Green: Band_2
■ Blue: Band_3
1: 2, 755
Notes